Tag Archives: Azerbaijan

Azerbaijan: Bar Suspension of Rights Lawyer Elchin Sadigov Overturned

01/09/23

Elchin Sadigov’s advocacy has been restored.

This decision was made on September 1 by the Presidium of the Azerbaijan Bar Association, Sadigov himself said.

“I appealed the decision to suspend my powers. I indicated in the complaint that the consideration of disciplinary proceedings against me without my personal participation was illegal and not correct. My complaint was considered today (September 1) and satisfied. The previous decision was canceled and my the issue will again be considered in the disciplinary commission.Thus, my attorney’s powers have been fully restored,” Sadigov told Turan.

On July 6, the Presidium of the Azerbaijan Bar Association decided to suspend Elchin Sadigov’s advocacy.
The reason for Sadigov’s dismissal from the lawyer’s work was the appeal of the journalist Eynulla Fatullayev, who accused the lawyer of violating professional ethics.

Last September, the website haqqin.az, headed by Fatullayev, published an article alleging that Sadygov acted as an intermediary in the transfer of a bribe to the head of the Xural.tv YouTube channel, Avaz Zeynalli, in order to stop his criticism of the defendant’s lawyer Rasim Mammadov.

However, Sadigov said that he was only conveying Zeynalli’s request to stop negative publications about the ex-head of the Baku Steel Company metallurgical plant Rasim Mammadov.

https://www.turan.az/ext/news/2023/9/free/Social/en/8164.htm

https://www.azadliq.org/a/elchin-sadiqov-vekillik/32574821.html (AZERBAIJANI)

https://www.amerikaninsesi.org/a/7250806.html

https://axar.az/news/toplum/780150.html

https://konkret.az/elcin-sadiqovun-vekillik-fealiyyeti-berpa-olundu/

https://arqument.az/az/elcin-sadiqovun-vekillik-fealiyyeti-berpa-edildi/

Letter to the authorities of Azerbaijan about the situation of lawyer Elchin Sadigov

27/07/23

Lawyers for Lawyers is concerned about the suspension of the bar license of Mr. Elchin Sadigov as of 6 July 2023. Mr. Sadigov is a prominent lawyer at the Bar Association of Azerbaijan. As part of his work, he defended the rights of political prisoners, journalists, media, political figures, activists and LGBTQ+ community.

According to information that we have obtained, his arrestation on 10 September 2022 was based ona smear  campaign. Currently, Mr Sadigov is released from prison but the criminal case against him is still pending criminal case is still pending and resulted in retention of his phones and computer as well as in a travel ban.

It must be mentioned that Mr Sadigov was and is the only lawyer in Azerbaijan who opposed torture and sent complaints relating to torture to the European Court of Human Rights. He demanded the recognition of the violation and publicised cases of torture. For this important and necessary work, Mr Sadigov has been suspended. At present, he fears for his profession, health and even life. We are concerned that the suspension of his bar license is based on the incorrect facts and directly contributes to repression of him as human rights lawyer.

Lawyers for Lawyers has written a letter to the authorities in Azerbaijan to raise awareness about the situation of Elchin Sadigov in which we urge the authorities to:

– order the termination of the criminal case against Mr. Sadigov;
– order the resumption of the bar license of Mr. Sadigov.

[…]

https://www.amerikaninsesi.org/a/7203207.html (AZERBAIJANI)

Azerbaijan: “The most important thing for a political prisoner is to know they are remembered”

11/07/23

In June 2023, Human Rights House Foundation spoke to prominent human rights lawyer and former political prisoner We discussed human rights, his experience as a political prisoner, and the situation for his imprisoned colleagues in Belarus.

Human Rights House Foundation (HRHF): When did you first become interested in human rights, and why did you decide to become a human rights defender?

Intigam Aliyev (IA): After Azerbaijan gained independence, there were high hopes for democratisation. Sadly, it was not to be. 

Former Soviet KGB General Heydar Aliyev came to power once more in the early 1990s – he was the leader of Soviet Azerbaijan for two decades prior – and the process of democratisation was suspended and the country gradually slid towards the same authoritarian rule that for many years turned the USSR into a prison of nations. 

With the advent Heydar Aliyev’s power – later inherited by his son, Ilham Aliyev – gradually, the persecution of dissidents, arrests of journalists, and political, civil and other activists became a reality of life. 

Then I made a decision: I will be among those who fight against the dictatorship. And so it has been for more than 30 years.

HRHF: What work were you doing prior to your arrest? What did the authorities accuse you of doing?

IA: I specialise in the protection of fundamental rights. I have submitted more than 200 complaints to the European Court of Human Rights (ECtHR) related to violations of the freedoms of expression, association, as well as elections, protection from torture and more. 

Prior to my work with ECtHR and in addition to my educational and domestic litigation work, I was actively involved in international advocacy and cooperated with many European and international NGOs and inter-governmental organisations, such as the Council of Europe, the United Nations, the OSCE. I have served as a human rights expert on various platforms, such as the CoE Expert Council of NGO Law or the Eastern Partnership Civil Society Forum.

I was arrested in August 2014 as part of a joint criminal case initiated by the General Prosecutor’s Office of Azerbaijan in April 2014 against a number of domestic and international NGOs on the grounds of alleged “irregularities found in the activities of a number of NGOs, and branches or representative offices of foreign NGOs”. 

[…]

https://hudoc.echr.coe.int/fre#%22itemid%22:%5B%22001-186126%22%5D

https://www.frontlinedefenders.org/en/case/case-history-intigam-aliyev

https://en.wikipedia.org/wiki/Intiqam_Aliyev

10.07.2023

Azerbaijan: Urgent appeal by rights lawyer Elchin Sadigov

10/07/23

I am human rights lawyer in Azerbaijan.

On September 05, 2022, before the Baku Grave Crimes Court, I filed a motion that the head of the security service of Azerbaijan’s President be brought to court as a witness for corruption and interrogated. After this motion, pro-government journalists started a smear campaign against me, and on September 10, 2022, ı was arrested. Although I was released from prison on September 17, 2022, the politically ordered criminal case against me is still pending, and my phones and computer are kept at the General Prosecutor’s Office. I have been taken hostage in my country, and there is a travel ban.

After being released from prison, I again started to defend human rights. In particular, I defended the persons who were illegally arrested and subjected to torture by the Chief Organized Crime Department of the Ministry of Internal Affairs of the Republic of Azerbaijan. Our last conflict occurred on June 12, 2023. I wrote on my Facebook page that the General Presecutor’s Office and the Organized Crime Agency were harassing and torturing my client to get him to confess to the crime, and I made constant complaints and made it public. They released my client from jail.

On June 14, 2023, the Bar Association called me to say that pro-government journalist Eynulla Fatullayev filed a complaint in September 2022, which was submitted to disciplinary proceedings. However, I did not have any relationship with Eynulla Fatullayev regarding my lawyer’s activity, and I did not violate his rights. They told me that any citizen can complain about you.

At the same time, the Minister of Internal Affairs – Vilayat Eyvazov’s appeal to the General Prosecutor’s Office of the Azerbaijani Republic was received. He said that action should be taken against me since I obstruct the investigative and operational measures conducted by the police.

On June 24, 2023, the Disciplinary Commission of the Bar Association found me guilty of “misconduct” On July 6, 2023, at around 8:30 p.m., the Presidium of the Bar Association suspended my legal practice based on political order and made a decision to apply to the court for my disbarment.

I was the only lawyer in the country who opposed torture, sent torture complaints to the ECtHR, demanded recognition of the violation, and publicized cases of torture, and that’s why my activity as a human rights lawyer has been suspended. I am being held hostage in the country. My profession, health, and life are in danger.

It is necessary to make international appeals to stop the pressure against me. These appeals should be made to the President of the Republic of Azerbaijan, Ilham Aliyev. Only he can stop these prosecutions, order the termination of the criminal case, and the resumption of my legal activity.

Human rights cannot be an internal issue of any country, and human rights are an international value that makes humanity exist. Therefore, I ask you to make open and official calls to the President of the Republic of Azerbaijan, Mr. Ilham Aliyev, to end the persecution against me, resume my legal practice, and talk to President Ilham Aliyev about my issue as much as possible.

Regards,

Elchin Sadigov

Human Rights lawyer

(FRANCAIS)

https://fondaskreyol.org/article/azerbaidjan-dictature-mais-ca-ne-derange-pas-europe

(ESPANOL)
(DEUTSCH)

Azerbaijan: Rights lawyer Elchin Sadigov suspended from practicing, faces disbarment

06/07/23

https://www.turan.az/ext/news/2023/7/free/politics_news/en/6210.htm

https://anews.az/az/elcin-sadiqov/ (AZERBAIJANI)

https://www.azadliq.org/a/elcin-sadiqov-vekil/32492393.html

Əziz dostlar, mənimlə bağlı siyasi qərar qəbul edilib. Bu qərardan mətbuat vasitəsilə məlumat almışam. Bu qərarı siyasi hesab edirəm və son vaxtlar insanları işgəncədən qurtardığıma görədir.

Əslində, düşünürdüm ki, intizam icraatı həvalə edilən vəkil İsmayıl Kəngərli özü-özünə etiraz edəcək. Axı o, Eynullanın dostudur. Ümid edirəm ki, VKRH bu işə yenidən mənim iştirakımla baxacaq.

Hələlik Sizləri qanunsuz həbsdən və işgəncədən qorumaq imkanlarından məhrum edildim.

Dəstəyiniz üçün hər birinizə təşəkkür edirəm.

Elchin Sadigov

(Facebook, 07/07/23)

Azerbaijan: Elchin Mammad released after 1134 days of unjust detention

26/05/23

Azerbaijani human rights lawyer and journalist Elchin Mammad was released on May 9 following a presidential pardon from Ilham Aliyev. The Observatory (OMCT-FIDH) welcomes his release but recalls that he should never have been detained in the first place, and urges the authorities to provide him reparations for his unlawful detention.

Elchin Mammad is a human rights lawyer and the President of the Social Union of Legal Education of Sumgait Youth (SULESY), an NGO providing free legal assistance to low-income families and non-profits. At the time of his arrest, he was also the editor-in-chief of the newspaper Yukselish Namine, which publishes articles on human rights concerns in the country.

Mr Mammad was apprehended by police officers at his home in the city of Sumgait on March 30, 2020, following the online publication of a report criticising the human rights situation in Azerbaijan. In October 2020, the Sumgait City Court sentenced him to four years in prison on fabricated charges of “theft causing significant damage” and “illegal purchase and possession of firearm accessories” (Articles 177.2.4 and 228.1 of the Criminal Code of Azerbaijan). The police claimed to have found stolen jewelry and ammunition in his office.

The circumstances in which the verdict was handed down suggest that Elchin Mammad did not benefit from a fair trial. The evidence heard at the trial was inconsistent and should not have led to Mr Mammad’s conviction, while the investigation phase also appears to have been marred by police tampering of evidence. Yet, for over three years, all his appeals against the prison sentence, as well as his multiple requests to commute it, were rejected by the courts. His lawyer submitted Mr Mammad’s case to the European Court of Human Rights, which has not yet ruled on it.

During his more than three years of detention, Mr Mammad’s health deteriorated due to the lack of adequate medical care provided in prison. He suffers from Hepatitis C, has developed kidney issues, and experienced swollen legs. His medical condition deteriorated due to a hunger strike that Mr Mammad went on during his time in prison.

[…]

https://www.omct.org/en/resources/statements/azerbaijan-elchin-mammad-released-after-1134-days-of-unjust-detention

https://www.omct.org/en/resources/statements/elchin-mammad-risking-his-life-simply-for-speaking-up

https://www.pen-international.org/news/on42318lxmzsu8skjg08j91ey3bfcf

Azerbaijan: Ongoing pre-trial detention of Mr. Elchin Sadigov

05/12/22

In a joint letter to the Prosecutor General of the Republic of Azerbaijan, Lawyers for Lawyers and the International Observatory for Lawyers have expressed their concern about the pre-trial detention and house arrest of lawyer Elchin Sadigov.

On 10 September 2022, Mr. Sadigov was arrested together with the journalist Mr. Avaz Zeynalli and charged with “complicity in bribe taking”. At the time of his arrest, Mr. Sadigov represented Rasim Mammadov, a prominent businessman in Azerbaijan accused of embezzlement. Mr. Sadigov is suspected of being involved as an intermediary. Since Mr. Sadigov is currently under house arrest and could be sentenced to 12 years in jail, he is restricted in his ability to practice law.

Furthermore, we are concerned that Mr. Sadigov’s right on a fair trial is violated. On the day of his arrest, the Prosecutor’s General’s Office searched his home and office, where they confiscated documents and his mobile phone. International human rights law protects the confidentiality of lawyers-client communications as well as the privacy of attorneys’ records as an element of the right to a fair trial.

In the joint letter, we call upon the authorities of Azerbaijan to drop all charges against Mr. Sadigov unless credible evidence is presented in proceedings that respect fair trial guarantees and put an end to all acts of harassment against Elchin Sadigov, including at the judicial level.
We further urge that all lawyers in Azerbaijan must be able to carry out their legitimate professional activities without fear of reprisals and free of all restrictions.

[…]

https://apa.az/en/incident/azerbaijani-journalist-avaz-zeynalli-and-lawyear-elchin-sadigov-imprisoned-for-4-months-384473

(AZERBAIJANI)

Azerbaijan: Statement by Rights Lawyer Elchin Sadigov

17/10/22

[N.B. Elchin Sadigov has requested that Bar associations, law societies, human rights groups and NGOs write the President of Azerbaijan in support of his case. Please write:

Ilham Aliyev, President of the Republic of Azerbaijan, The Presidential Palace, 19 Istiqlaliyyat street, Republic of Azerbaijan, Baku, AZ1066, Azerbaijan. Fax: (+99412) 492 35 43, (+99412) 492 06 25 E-mail: office@pa.gov.az ]

I state that I have been defending human rights in Azerbaijan since 2002. Furthermore, I have become a member of the Bar Association of the Republic of Azerbaijan since 2007 and have never ceased my activity in defending human rights. I have defended the rights of political prisoners, journalists, media, political figures, activists, and LGBTQ+ persons. I successfully defended those cases in local courts and the European Court of Human Rights. Based on my applications, ECtHR has found a violation of Articles 2, 3, 5, 6, 8, 9, 10, 11, 13, and 18 of the Convention. My steadfast defense of political cases and being successful before ECtHR irritated the Government of Azerbaijan. Therefore, the Government has constantly been persecuting me.

These prosecutions were mainly carried out by the Bar Association of the Republic of Azerbaijan, the General Prosecutor’s Office of the Republic of Azerbaijan, the Ministry of Internal Affairs, and the State Security Service. The Bar Association has repeatedly initiated disciplinary proceedings against me for political reasons and punished me.

Even in 2016, there was an attempt to kill me after I was threatened at the Main Organized Crime Department (MOCD) under the Ministry of Internal Affairs of the Republic of Azerbaijan. Because at that time, I was defending the rights of Bayram Mammadov and Giyas Ibrahimov, who wrote the graffiti on the statue of Heydar Aliyev, the father of the current president Ilham Aliyev. They were both tortured in the MOCD, and I have made it public. Moreover, at that time, I made public the torture issue of Fikret Faramezoglu, a journalist, who had been kept in the MOCD. I was preparing their applications for the ECtHR.

[…]

https://www.fidh.org/en/issues/human-rights-defenders/azerbaijan-arbitrary-detention-and-criminalisation-of-elchin-sadigov

Azerbaijan: “The arrest of Sadigov is another blow to the independent legal profession” – human rights activists

16/09/22

The Center for Monitoring Political Prisoners issued a statement condemning the arrest of human rights lawyer Elchin Sadigov.

“Azerbaijan is systematically removing from the legal profession  the lawyers specializing in the human rights sphere. In recent years, well-known lawyers who were not afraid to defend the rights of many political prisoners, and in particular Khalid Baghirov, Alaif Hasanov, Yalchin Imanov, Elchin Namazov, were expelled from the Bar for unreasonable reasons. Some, fearing reprisals, were forced to leave the country.

In the case of Elchin Sadigov, one of the last lawyers defending political prisoners, the authorities went even further and arrested him, which is undoubtedly related to his professional activities,” said Elshan Hasanov, head of the Center for Monitoring Political Prisoners.

Thus, the process of depriving citizens of high-quality legal protection is being consistently carried out in the country.

“People are actually deprived of the opportunity to receive legal assistance from a lawyer of their choice. Lawyers loyal to the leadership, controlled by the authorities of the Bar Association, are being imposed on citizens. There is no such radical pressure on lawyers even in “Putin’s Russia,” Hasanov continued.

The Center for Monitoring Political Prisoners demands the release of lawyer Elchin Sadigov from custody,  restoration of his powers, and demands to repressions against independent lawyers.

http://www.turan.az/ext/news/2022/9/free/Social/en/9435.htm/001

https://www.turan.az/ext/news/2022/9/free/Social/en/9456.htm/001

https://www.mediadefence.org/news/statement-elchin-sadykov/

https://www.coe.int/en/web/commissioner/view/-/asset_publisher/ugj3i6qSEkhZ/content/azerbaijan-s-authorities-should-immediately-release-human-right-lawyer-elchin-sadykov-and-journalist-avaz-zeynalli-and-stop-intimidating-and-harassing

https://www.turan.az/ext/news/2022/9/free/politics_news/en/9252.htm

https://www.fidh.org/en/issues/human-rights-defenders/azerbaijan-arbitrary-detention-and-criminalisation-of-elchin-sadigov

https://www.voanews.com/a/azerbaijan-detains-a-journalist-and-his-lawyer/6746340.html

https://www.occrp.org/en/daily/16762-azerbaijan-arrests-lawyer-who-defends-political-opponents

https://www.turan.az/ext/news/2022/-/free/Chetin_sual/en/9262.htm/001

https://www.turan.az/ext/news/2022/9/free/politics_news/az/9252.htm/001 (AZERBAIJANI)

https://www.coe.int/fr/web/commissioner/view/-/asset_publisher/ugj3i6qSEkhZ/content/azerbaijan-s-authorities-should-immediately-release-human-right-lawyer-elchin-sadykov-and-journalist-avaz-zeynalli-and-stop-intimidating-and-harassing (FRANCAIS)

Azerbaijan: Rights lawyer Elchin Sadigov arrested after home and office searched

10/09/22

https://www.facebook.com/watch/live/?extid=CL-UNK-UNK-UNK-AN_GK0T-GK1C&ref=watch_permalink&v=611754360480022

https://www.turan.az/ext/news/2022/9/free/Social/en/9209.htm

https://www.rferl.org/a/azerbaijani-editor-lawyer-ordered-held-in-pretrial-detention/32028389.html

https://apa.az/en/incident/azerbaijani-journalist-avaz-zeynalli-and-lawyear-elchin-sadigov-imprisoned-for-4-months-384473

Elchin Sadigov saxlanıldı. Baş Prokurorluğun İstintaq İdarəsinə aparıldı. Lənətə gələsiz. Qanunsuzluq sərhəd tanımır. Vəkilin evində, ofisində axtarış aparılır, saxlanılır. Hansısa oğraş yığını isə ölkədə islahatların oıduğunu iddia edir. Eynullasifət gədələr

Video Bakhtiyar Hajiyevin səhifəsindən götürülüb

(Facebook, 10/09/22)

https://musavat.com/news/vekil-elcin-sadiqov-ofisinde-axtarisdan-sonra-bas-prokurorluga-aparilib-yenilenib_919520.html (AZERBAIJANI)

https://www.turan.az/ext/news/2022/9/free/politics_news/az/9214.htm

https://www.e-huquq.az/az/news/vekillik/54448.html

https://toplum.tv/siyaset/elcin-sadiqov-jurnalist-polad-aslanovun-cinayet-isi-basqa-mustentiqe-verile-biler

(FRANCAIS)

https://www.turan.az/ext/news/2022/9/free/politics_news/ru/9214.htm (RUSSIAN)

https://www.kavkaz-uzel.eu/articles/381003/

https://moldova.europalibera.org/a/redactorul-%C8%99ef-al-unei-publica%C8%9Bii-independente-%C8%99i-un-avocat-din-azerbaidjan-%C3%AEn-arest-preventiv/32029286.html (ROMANESC)